The Veteran's TDIU claim is dismissed as moot due to his receipt of a 100% schedular rating for residuals of TB, effective April 26, 2011. The Board has referred the issue of entitlement to a TDIU on an extraschedular basis prior to April 26, 2011, to the Director of Compensation Service.
The deciding factor: The Veteran's disability rating for residuals of TB is now at 100%, rendering moot his claim for a TDIU due to service-connected disabilities.
- Claimed conditions
- residuals of TB, pulmonary scarring, asthma, chronic obstructive pulmonary disorder (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 13, 2023
- Citation
- 23060620
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 23060620.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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